Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 1 of the Convention. Scope of application. The Committee notes the adoption of the new Working Environment Act No. 62 of 17 June 2005, as last amended by Act No. 10 of 23 February 2007. It notes, in particular, that, under section 10-12(1), (2), of the WEA, employees in senior posts or particularly independent posts are excluded from its provisions on weekly rest. In this connection, the Committee draws the Government’s attention to the fact that the Convention does not permit the exclusion of persons holding high managerial positions or persons in supervisory positions on the understanding that a minimum period of rest and leisure every week is a legitimate interest and an absolute prerequisite for the protection of health and welfare of every employed person, irrespective of the level of his/her responsibilities or tasks. It therefore requests the Government to provide additional explanations in this respect and consider bringing the national legislation into conformity with the Convention by extending the rules of weekly rest of the WEA to senior and independent posts in conformity and within the limits prescribed by the Convention.

Article 2, paragraph 1. Regular weekly rest scheme. The Committee notes that under section 10-8(4) of the WEA an employer and an employee may conclude a written agreement that ensures that the worker will be off duty on average every other Sunday and public holiday over a period of 26 weeks provided that the weekly 24-hour rest period falls on a Sunday or public holiday at least every third week. Recalling that the Convention requires a minimum period of 24 consecutive hours of rest in every period of seven days (principle of regularity), the Committee would appreciate if the Government would provide clarifications on the exact scope and practical application of individual agreements envisaged under this section of the WEA.

In addition, the Committee notes that section 10-8(5) of the WEA provides that the Ministry of Labour and Social Inclusion may adopt regulations concerning a distribution of off-duty days that departs from the principle of Sunday rest and also the principle that if an employee works on a Sunday should be off duty on the following Sunday. It requests the Government to indicate whether any such regulations have so far been issued and, if so, provide a copy of these regulations.

Articles 4, 5 and 6. Total and partial exceptions. The Committee notes that the WEA authorizes deviations from the principle of 35 consecutive hours of weekly rest, as far as possible on Sunday, in the following cases: (i) natural disasters, accidents or other unforeseen events (section 10-12(3)); (ii) collective pay agreements concluded by trade unions of important membership (section 10‑12(4)); (iii) working hour arrangements approved by the Labour Inspection Authority in case of considerable distance between the workplace and the employees’ place of residence (section 10-12(6)); and (iv) working hour arrangements approved by the Labour Inspection Authority for health and care work, on-call duty and surveillance work where the work is of a passive nature (section 10-12(7)). In all these cases, derogations are permitted on condition that employees are granted compensatory rest periods or, where this is not possible, other appropriate protection. In this connection, the Committee recalls that Article 5 of the Convention provides that compensatory rest should be provided as far as possible in all cases of suspensions or diminutions of the normal weekly rest scheme, it being understood that any other form of compensation (e.g. monetary compensation) could be so applied in practice as to result in the complete elimination of the weekly rest. It would therefore appreciate if the Government would provide additional explanations on other forms of appropriate protection that may be given to employees in lieu of compensatory rest under the above provisions of the WEA.

Moreover, the Committee notes that section 10-12(9) of the WEA provides that the Ministry of Labour and Social Inclusion may issue special rules providing for additional exceptions in case of work of special nature. The Committee requests the Government to indicate whether any such regulations have so far been issued and, if so, provide a copy of these regulations.

Part V of the report form. Application in practice. The Committee notes that the Government has not provided for many years any general information on the manner in which the Convention is applied in practice. It therefore requests the Government to provide in its next report all available information in this regard, including, for instance, statistics on the number of workers covered by relevant legislation, extracts from reports of the labour inspection services showing the number and nature of contraventions reported and sanctions imposed, copies of collective agreements containing clauses on special weekly rest schemes, documented information on the use of authorized exceptions in practice, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because these instruments continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The ratification of Convention No. 106 is all the more advisable as the weekly rest legislation of Norway is of general scope, applying to industry and commerce alike. The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.